Myth 8: Employees May Waive Their Right to Overtime as Long as It Is in Writing
Welcome back to the newest post in the blog series: 11 Employee Overtime Myths. To help you navigate employee overtime classification, we broke one of our most popular whitepapers down into an easily digestible series. The regulatory environment of employee overtime is very complicated, and often confusing. The content from this series comes from the ComplianceHR whitepaper Overtime Myths.
Overtime Myth 8: Employees May Waive Their Right to Overtime as Long as It Is in Writing
Reality:
Overtime pay is based on actual time worked by non-exempt employees in excess of 40 hours. Employers cannot avoid paying overtime by making a policy or signing a waiver agreement with workers. If a non-exempt employee works more than 40 hours despite any policy, agreement, or announcement to the contrary, the employer must pay overtime.
The bottom-line is that employers may not craft an agreement with employees to waive their right to overtime. If they do not satisfy the tests for exemption, they must be classified as non-exempt and paid overtime whenever they work more than 40 hours in a work week.
How can I read the rest of the 11 Employee Overtime Myths?
Sign up to receive the email alert when a new employee overtime myth is published. Alternatively, you can check back in to the Resources section of our website weekly, or download the Overtime Myths whitepaper.
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Disclaimer
This blog and the associated whitepaper are should serve as a starting point for educating Human Resources and Legal professionals on certain aspects of legal obligations of employers. It is not a comprehensive resource or a complete explanation of requirements. It offers practical information concerning the subject matter and is provided with the understanding that ComplianceHR is not rendering legal or tax advice, or other professional services. The contents are for general informational purposes only. We urge you to consult your attorney concerning any particular situation and any specific legal questions you may have.
